MUPPALA BADARI NARAYANA Vs. MUPPALA ATCHIMAMBA

JUDGEMENT

(1.) This Court, on 25.4.2008, made the following order:

(2.) In S.A.M.P. No.701 of 2008 this Court made the following order on 25.4.2008.

(3.) Sri N. Gopichand, learned counsel representing appellant had pointed out to the substantial questions of law on the strength of which second appeal had been admitted and also further pointed out to the grounds raised in the memorandum of the grounds of second appeal and would maintain that since the court of first instance and also the appellate court had totally erred in decreeing the suit, the same to be set aside by this Court in second appeal. The learned counsel also had taken this Court through the findings recorded by the court of first instance and also the appellate court and would maintain that the appellate court totally erred in granting charge over the properties which are not within the limits of the concerned courts. The learned counsel also pointed out to the findings recorded by the court of first instance in this regard and further specifically had drawn the attention of this Court to Section 16 of the Code of Civil Procedure. While further elaborating his submissions the learned counsel would maintain that the findings of the competent criminal courts have to be taken as binding on the civil court and the courts below totally erred in appreciating the evidence available on record. The learned counsel also had taken this Court through the relevant portions of the evidence and would maintain that in the light of the same since the desertion was on the part of the wife and not on the part of the husband, on this ground also the second appeal to be allowed. The learned counsel also placed reliance on several decisions.